ONE STEP FORWARD, TWO STEPS BACKWARD? An Analysis of the Revocation of Article 370 under Constitutional Law, Federalism and International Law

Main Article Content

Purvi Pokhariyal, Aum Kotwal

Abstract

This article analyses the legality of the revocation of Article 370, which granted a special status to the state of Jammu & Kashmir, under Indian Constitutional Law and International Law. In doing so, it answers the following questions: what were the special circumstances under which Jammu and Kashmir acceded to India, what were the special circumstances under which Article 370 was formed and how did it place Jammu and Kashmir at a different footing as compared to other states, and what is the position of international law on revocation of autonomous status of Jammu and Kashmir.


It lays down the historical background of the Instrument of Accession and Article 370. It then focusses on Indian federalism and its asymmetric relationship with Article 370. It moves on to analyze the legal issues that have arisen due to and in relation to Article 370 and its revocation as per the principles of Indian Constitutional Law and International Law. It concludes with stating that the dismantling of the special status of Jammu & Kashmir is a blatant violation of the text of the Indian Constitution and the principles of International Law.


  

Article Details

Section
Articles